5th Circuit Case Commentaries

Limits of §1981 in Retail Transactions: Arguello v. Conoco Establishes Necessity of Tangible Contract Interference

Date: May 6, 2003

Limits of §1981 in Retail Transactions: Arguello v. Conoco Establishes Necessity of Tangible Contract Interference Introduction ARGUELLO v. CONOCO, INC. is a pivotal case adjudicated by the United...

Finality of Stay Orders in Arbitration Proceedings: Insights from Apache Bohai Corp. v. Texaco China

Date: May 3, 2003

Finality of Stay Orders in Arbitration Proceedings: Insights from Apache Bohai Corp. v. Texaco China Introduction The case of Apache Bohai Corporation, LDC (referred to as "Apache Bohai") versus...

Establishing Direct Evidence in Retaliation Claims: Fabela v. Socorro Independent School District

Date: Apr 25, 2003

Establishing Direct Evidence in Retaliation Claims: Fabela v. Socorro Independent School District Introduction The case of Alicia Fabela v. Socorro Independent School District (329 F.3d 409)...

Applicability of Louisiana Repurchase Act to Parts-Only Dealership Agreements: Lake Charles Diesel, Inc. v. General Motors Corp.

Date: Apr 15, 2003

Applicability of Louisiana Repurchase Act to Parts-Only Dealership Agreements: Lake Charles Diesel, Inc. v. General Motors Corp. Introduction The case of Lake Charles Diesel, Inc. (LCD) versus...

Establishing Precedent on Pooling Rights and Royalty Calculations in Oil and Gas Leases

Date: Apr 9, 2003

Establishing Precedent on Pooling Rights and Royalty Calculations in Oil and Gas Leases Introduction The case of HS Resources, Inc. v. Jim R. Wingate, adjudicated by the United States Court of...

Equitable Exceptions to the One-Year Removal Limit: Insights from Tedford v. Warner-Lambert

Date: Apr 8, 2003

Equitable Exceptions to the One-Year Removal Limit: Insights from Tedford v. Warner-Lambert Introduction In the landmark case of Jeretta Kay Tedford v. Warner-Lambert Co., adjudicated by the United...

Forum Non Conveniens and the Relitigation Exception: Insights from Vasquez v. Bridgestone/Firestone, Inc.

Date: Apr 5, 2003

Forum Non Conveniens and the Relitigation Exception: Insights from Vasquez v. Bridgestone/Firestone, Inc. Introduction In the landmark case of Maria O. Vasquez, et al. v. Bridgestone/Firestone, Inc.,...

Judicial Estoppel in Diversity Jurisdiction: Clifton Hall v. GE Plastic Pacific and General Electric Company

Date: Apr 4, 2003

Judicial Estoppel in Diversity Jurisdiction: Clifton Hall v. GE Plastic Pacific and General Electric Company Introduction In the case of Clifton Hall, Plaintiff-Appellant, v. GE Plastic Pacific PTE...

Substantial Limitation Requirement in ADA Disability Claims Affirmed – Waldri v. GE

Date: Apr 2, 2003

Substantial Limitation Requirement in ADA Disability Claims Affirmed – Waldri v. GE Introduction The case of William R. Waldri v. General Electric Company, decided by the United States Court of...

Defining Successiveness in Habeas Corpus Petitions: Crone v. Cockrell

Date: Apr 2, 2003

Defining Successiveness in Habeas Corpus Petitions: Crone v. Cockrell Introduction In the landmark case of Burtis Jackson Crone, Jr. v. Janie Cockrell, adjudicated by the United States Court of...

Defining Materiality under the False Claims Act: Insights from Southland Management Corp. v. United States

Date: Apr 2, 2003

Defining Materiality under the False Claims Act: Insights from Southland Management Corp. v. United States Introduction In the landmark case of Southland Management Corp. v. United States, the United...

Clarifying the Standard for Fraudulent Joinder under Diversity Jurisdiction: TRAVIS v. IRBY

Date: Mar 29, 2003

Clarifying the Standard for Fraudulent Joinder under Diversity Jurisdiction: TRAVIS v. IRBY Introduction In the landmark case of Mary Travis, Individually, as Administratrix of the Estate of Michael...

Establishing Regular Rate and Overtime Calculations for Firefighters Under FLSA: Insights from Singer v. City of Waco

Date: Mar 28, 2003

Establishing Regular Rate and Overtime Calculations for Firefighters Under FLSA: Insights from Singer v. City of Waco Introduction The case of Joseph Singer, Individually and on Behalf of Others...

Establishing the Requirement for Sustained Employment Capacity in Disability Claims: Commentary on E v. Lyn Frank

Date: Mar 26, 2003

Establishing the Requirement for Sustained Employment Capacity in Disability Claims: Commentary on E v. Lyn Frank Introduction In Evelyn Frank v. Jo Anne B. Barnhart, Commissioner of Social Security,...

Affirmation of Arbitration Award in Prestige Ford v. Ford Dealer Computer Services: A Comprehensive Analysis

Date: Mar 26, 2003

Affirmation of Arbitration Award in Prestige Ford v. Ford Dealer Computer Services: A Comprehensive Analysis Introduction Prestige Ford, an automobile dealership based in Garland, Texas, entered into...

Reclassification of Weapon Possession under 8 U.S.C. § 1101(a)(43): Implications from United States v. Medina-Anicacio

Date: Mar 25, 2003

Reclassification of Weapon Possession under 8 U.S.C. § 1101(a)(43): Implications from United States v. Medina-Anicacio Introduction In the landmark case of United States v. Santiago Medina-Anicacio,...

Affirmation of Absolute Prosecutorial Immunity in Advocacy-Related Misconduct: Shareef Cousin v. Small et al.

Date: Mar 25, 2003

Affirmation of Absolute Prosecutorial Immunity in Advocacy-Related Misconduct: Shareef Cousin v. Small et al. Introduction The case of Shareef Cousin v. Anthony Small, et al., decided by the United...

Affirming Specific Jurisdiction and Trademark Licensing Rights: Insights from ICEE Distributors v. JJ Snack Foods

Date: Mar 22, 2003

Affirming Specific Jurisdiction and Trademark Licensing Rights: Insights from ICEE Distributors v. JJ Snack Foods Introduction The case of ICEE Distributors, Inc. v. JJ Snack Foods Corp., Wal-Mart...

Harmless Error in the Context of Involuntary Confessions: Insights from Hopkins v. Cockrell

Date: Mar 21, 2003

Harmless Error in the Context of Involuntary Confessions: Insights from Hopkins v. Cockrell Introduction Bobby Ray Hopkins v. Janie Cockrell is a pivotal case adjudicated by the United States Court...

Establishing Substantial Similarity in Copyright Infringement: Lessons from Bridgmon v. Array Systems

Date: Mar 21, 2003

Establishing Substantial Similarity in Copyright Infringement: Lessons from Bridgmon v. Array Systems Introduction The case of George A. Bridgmon, doing business as ICUS Technologies Corporation,...

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